Jammu, June 8: In a significant judgment impacting reservation policy and service matters in Jammu & Kashmir, the Central Administrative Tribunal (CAT), Jammu Bench, has allowed two Original Applications filed by Dr. Bias Dev, an Orthopaedics specialist at Government Medical College (GMC), Jammu, directing the Government to regularize and promote him retrospectively while granting all consequential service benefits, including seniority.
The applicant, Dr. Bias Dev, was represented by Advocate Faheem Shoukat Butt, while the respondents were represented by Sudesh Mangotra, learned Additional Advocate General (AAG), F.A. Natnoo on behalf of the Jammu and Kashmir Public Service Commission (JKPSC), and Advocate Shafiq for the private respondent Dr. Mohammad Farooq Bhat.
The judgment was delivered by the CAT Jammu Bench comprising Judicial Member Rajinder Singh Dogra and Administrative Member Ram Mohan Johri in Original Application Nos. 181/2023 and 891/2023.
Dr. Bias Dev had challenged the denial of his regularization and promotion despite serving in higher posts for several years. He contended that vacancies reserved for Scheduled Caste candidates were kept unfilled on the basis of a General Administration Department (GAD) advisory issued in 2016, adversely affecting his career progression.
After examining the matter, the Tribunal observed that the authorities had adopted a selective and inconsistent approach in dealing with reserved-category vacancies. The Bench noted that while reserved posts were kept vacant in some cases by citing the GAD advisory, similar vacancies were later de-reserved and utilized for the benefit of other candidates.
The Tribunal held that Dr. Bias Dev had established a clear entitlement to regularization and promotion against the Scheduled Caste reserved category quota. It ruled that he should be regularized as Assistant Professor in the Department of Orthopaedics with effect from December 26, 2014, the date from which he was assigned those duties, and promoted as Associate Professor with effect from June 8, 2021, when he was entrusted with the responsibilities of that post.
A major aspect of the judgment is the Tribunal’s decision to quash the GAD Advisory/Office Memorandum dated June 21, 2016, insofar as it directed departments to keep vacancies meant for reserved-category employees vacant and was relied upon to deny promotion and regularization benefits. The Bench held that executive instructions cannot override statutory provisions contained in the Jammu & Kashmir Reservation Act, 2004, and the Jammu & Kashmir Reservation Rules, 2005.
The Tribunal further directed the authorities to process Dr. Bias Dev’s regularization and promotion strictly in accordance with reservation laws and Government Order No. 743-GAD of 2007, irrespective of the impugned advisory.
While granting relief to the applicant, the Tribunal clarified that promotions and regularizations already granted to private respondents would not be quashed. However, their seniority positions may be subject to revision after Dr. Bias Dev is granted his rightful place in the seniority list and consequential benefits.
The CAT also ordered that no further promotion to the post of Professor in the Department of Orthopaedics, GMC Jammu, should be made until Dr. Bias Dev’s claim for regularization, promotion and seniority is fully considered and finalized.
The Tribunal directed the Government and concerned authorities to complete the entire exercise within 12 weeks from the date of receipt of the certified copy of the judgment.
The ruling is being viewed as an important decision reaffirming that statutory reservation provisions cannot be diluted or defeated through executive advisories and that eligible reserved-category employees cannot be deprived of their promotional rights on that basis.
The judgment was delivered by the CAT Jammu Bench in OA No. 181/2023 and OA No. 891/2023 concerning Dr. Bias Dev’s claim for regularization, promotion and seniority benefits.
